도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The sentence of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.
2. The judgment of this case requires a strict punishment of the defendant in light of the fact that the defendant driven a car while drunk without a driver's license and the nature of the crime and the circumstances of the crime are not good, that the defendant was punished several times due to drinking driving or refusing to take a drinking, and that the defendant committed the crime in this case without being aware of the fact that the defendant's blood alcohol level at the time of the crime in this case was considerably high to 0.207% at the time of the crime in this case, but the defendant's blood alcohol level at the time of the crime in this case is very high to 0.207%. Meanwhile, the defendant's confession of the crime in this case and seems to have an opportunity to sufficiently reflect his life in excess of two months, the distance from driving a car in the state of drinking and without a driver's license in this case is relatively short. The defendant seems to have not caused any traffic obstacle, such as traffic accident, etc. due to the drinking and without a driver's license in this case. The defendant is the most responsible for supporting his wife and his children.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
Criminal facts recognized by this court as well as summary of evidence are described in each corresponding column of the original judgment.